DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION PALAKKAD

Dated this the 11^th  day of  April, 2022

Present  :  Sri.Vinay Menon V., President        

             :   Smt.Vidya.A., Member

             :   Sri. Krishnankutty.N.K.,Member

Date of filing: 11/04/2019  

                                       CC/110/2019

1. Suraj.M,

    S/o Late Surya Narayanan,

    Malampurath House,Karakkad,

    Kavalappara Post,Shoranur,Palakkad-679 523  -               Complainants

2. A.Velayudhan,

    S/o C.Ayyappan

    Sree Dhanya House,

    Kunnathazhath,Shoranur Post,

    Palakkad District- 679 121.

    (By Adv. A.P.Udaya Kumar & M.P. Ambika)

Vs

1.M/s Prayan Travels,

   Door No.5/3403-C40(2),

   Space Mall,Third Floor,                                     -             Opposite Parties

   Jafar Khan Colony Road,

   Mavoor Road,Kozhikkode-673 004.

   Represented by its Managing Director

2. Pradeepan.T

    Managing Director

    M/s Prayan Travels

    Thottathil House,Thuruthiyad Post,

    Puthoor Vattam,Balussery,Kozhikkode – 673 612

   ( Opposite parties set Exparte)

O R D E R

By Smt.Vidya.A., Member

1.Brief facts of the complaint

          The opposite parties are engaged in arranging tours and travels,picnic and pilgrims to various destinations. The complainants  approached the 2^nd opposite party , M.D of M/s Prayan Travels(1^st opposite party) for arranging tour package to Delhi-Jammu & Kashmir. The complainants contacted the opposite party over telephone and as per their assurance and as demanded by them, the complainants made advance payments of Rs.40,000/- and Rs.60,000/- respectively to the opposite parties. The 1^st complainant made payment of Rs.40,000/- on 06/05/2017 through ICICI Bank,Shornur Branch and the 2^nd complainant made payment of Rs.60,000/- on 12/04/2017 through his wife’s account in Canara Bank, Shornur Branch. The opposite party assured the complainant that they will arrange the tour programme during Onam vacation.  ie (in the month of September 2017.)

During the first week of September 2017, the opposite parties informed the complainants that for some technical reasons, they are unable to conduct the tour programme on the agreed date  and the new date will be intimated later, but they failed to contact the complainants. The complainants contacted the opposite parties  several times and they informed that they are not in a position to undertake tour programmes as promised and agreed to  return the advance amount paid by them. Inspite of repeated demands and requests, the opposite parties failed to keep their promise. Finally they transferred an amount of Rs.10,000/- to the 1^st complainant’s account in SBI on 07/04/2018 and Rs.10,000/- to the 2^nd complainant’s account in SBI on 13/03/2018. There after there was no response from the opposite parties and they did not pay the balance amount. The act of the opposite parties amounts to Unfair Trade Practice. Due to the deficiency in service and Unfair Trade Practice on the part of the opposite parties, the complainants suffered mental agony, monetary loss and other inconveniences. The complainants are claiming an amount of Rs.1 Lakh as compensation inaddition to the balance in the advance amount paid together with interest thereon. So the complaint is filed to get Rs.80,000/- with interest at the rate of 12% per annum along with Rs.1 Lakh as compensation from the opposite parties.

2.      Complaint admitted and notice issued to the opposite parties. Notice send to the 2^nd opposite party returned stating ’Unclaimed’. Hence notice “Deemded to be served” and they were set exparte. Notice to 1^st opposite party  returned stating ‘left’ and later paper publication was effected. Despite that ,they did not appear before the Forum and were set exparte.

3.     The 2^nd complainant filed chief affidavit for and on behalf of the 1^st complainant also. Ext A1 to A6 were marked from their side and evidence closed. Heard the complainants.

4. Main points to be considered.

1. Whether there is any Deficiency in serive /Unfair Trade Practice on the part of the opposite parties?

           2. Whether the complainants are entitled to the reliefs claimed.

           3. Relies if any as cost & compensation.

Points 1,2 & 3

5.        As per the complaint averment,the complainants contacted the opposite parties for arranging a tour programme to Delhi- Jammu & Kashmir and they made payments of Rs.40,000/- and Rs.60,000/- respectively to the opposite parties towards advance. Later the opposite parties expressed their inability to conduct the tour programme during Onam vacation(during September 2017) as promised and informed them that the new date will be intimated to them later. But they did not arrange the tour programme on a later occasion.

6.       We have perused the chief affidavit and documents produced by the complainants. Ext A1 is the Deposit slip(pay-in-slip) dated 06/05/2017 issued by ICICI Bank,Shornur Branch,showing the deposit of Rs.40,000/- made in the name of M/s Prayan Travels(P)Ltd (1^st opposite party)   from 1^st complainant’s account and Ext  A6 is the statement of Account Dated 17/09/2021 of Mrs.Vasantha(wife of 2^nd complainant) for the period 12/04/2017 to 13/04/2017 which shows the transfer of Rs.60,000/- to Prayan Travels on 12/04/2017.  They also produced Receipt issued by the opposite parties  which is marked as Ext A4 confirming  the payment of advance amount of Rs.60,000/- towards Delhi-Agra-Kashmir Tour package. Hence from Ext A1 & A4 and Ext A6 the transfer of advance amounts in favour of the opposite parties is proved.

7.        The complainant further contended that the opposite parties were not ready to refund the advance amount paid even after repeated requests & demands. Finally the opposite parties repaid an amount of Rs.10,000/- to the first complainant on 07/04/2018 and Rs.10,000/- to the 2^nd complainant on 13/03/2018.

8.       Ext A2 is the receipt dated 07/04/2018 send by the opposite parties to the 1^st complainant showing the transfer of Rs.10,000/- to the 1^st complainant account in SBI,Shornur Branch. Ext A5, is the print out of the SMS send by the opposite parties produced along with S 65 B certification under the Indian Evidence Act.It shows the transfer of Rs.10,000/-  to the 2^nd complainant’s account by the opposite parties.

So from the evidence adduced, it is clear that the complainants are entitled to get the balance amount of Rs.30,000/- and Rs.50,000/- respectively together with interest from the opposite parties.

9.       After agreeing to arrange the tour programme and receiving the advance amount, the opposite parties failed to conduct the tour programme on the agreed date and promised to conduct it on a later occasion. Later they did not conduct it and did not return the balance of advance amounts paid by them. This is a clear deficiency in service and Unfair Trade Practice on their part. Further the complainants would have suffered mental agony when the tour programme was cancelled which they planned with great enthusiasm. The complainants suffered monetary loss and other inconveniences as well. All these happened because of the Deficiency in service and Unfair Trade Practice on the part of opposite parties and  are liable to compensate the complainants for that.

10.     Since the opposite parties remained exparte, the evidence adduced by the complainants stands unchallenged.

           In the result, the complaint is allowed.

         We direct the opposite parties to pay.

1. Rs.30,000/-(Rupees Thirty thousand) to the 1^st complainant together with interest at 9% from 06/05/2017 the date of payment till and Rs.50,000/-(Rupees Fifty Thousand) to the 2^nd complainant together with interest at 9% from 12/04/2017 till the date of payment.

2. We further direct the opposite parties to pay Rs.10,000/-(Rupees Ten thousand) to each complainant as compensation for the deficiency in their service/Unfair Trade Practice and for the mental agony and financial loss suffered by them.

 3. The opposite parties are directed to pay Rs.5000/- to each  complainant as cost of this litigation.

             Order shall be complied within 45 days from the date of receipt of the order.

           Pronounced in the open court on this the 11^th day of April, 2022.

                                                                                                Sd/-

                                                                              Vinay Menon V

                                          President.

                                                                                              Sd/-

                                                                                            Vidya.A                                                                                                       Member

                                                                                                Sd/-

                                                                                 Krishnankutty.N.K

                                                                                            Member

Exhibits marked on the side of complainant

Ext. A1–  Deposit Slip  of  ICICI Bank,Shornur Branch dated

               06/05/2017.

Ext.A2 -  Photocopy of Pay-in-Slip of  Federal  Bank, dated  07/04/2018.

Ext.A3 -  Photocopy of  Canara Bank Pass book of Account Bearing

              no:0719101033443 in the name of  Smt.Vasantha.S.

Ext.A4 -  Photocopy of Receipt for Rs.60000/-

Ext.A5 -  Photocopy of SMS Message showing credit of Rs.10000/-

Ext A6- Statement of Account from Canara bank 12/04/2017 to 13/04/2017.

Exhibits marked on the side of Opposite parties

NIL

Cost: 5000/-